[2008] KEHC 2703 (KLR)
The court held that the application before it, which sought to review and substantially alter the consent orders entered by Ransely J regarding the trusteeship and subdivision of land, was not properly brought as a review. The proper procedure for removal of trustees appointed by consent order is by application...
Source-derived case information.
- Citation
- [2008] KEHC 2703 (KLR)
- Parties
- Appellant: Michael Kinge; Respondent: Grace Wanjiku Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 503 of 1999
- Procedural Posture
- Civil Case / Ruling on Application for Review of Consent Orders
- Outcome
- application dismissed
- Legal Topics
- Review of Court Orders, Consent Judgments, Trusteeship, Land Subdivision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kinge
Appellant
Grace Wanjiku Kinyanjui
Respondent
Procedural Posture
Civil Case / Ruling on Application for Review of Consent Orders
Legal Issues
- 1 Whether the application for review of consent orders was properly brought before the court.
- 2 Whether the removal of trustees appointed by consent order requires a specific procedure under Order 31 Civil Procedure Rules.
- 3 Whether the application amounted to a substantial alteration of the consent orders.
Ratio Decidendi
The court held that the application before it, which sought to review and substantially alter the consent orders entered by Ransely J regarding the trusteeship and subdivision of land, was not properly brought as a review. The proper procedure for removal of trustees appointed by consent order is by application under Order 31 Civil Procedure Rules. Since the applicant did not follow the correct procedure, the application was dismissed. The court emphasized that consent orders have binding effect and cannot be altered except in accordance with the law.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- Costs in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 503 OF 1999
MICHAEL KINGE…………………………………….…APPELLANT
-VERSUS-
GRACE WANJIKU KINYANJUI …………………….RESPONDENT
RULING
I. BACKGROUND
1. On the 4th February 2005 Ransely J (as he then was) entered judgment on a consent of the appeal before this court that concerned land.
2. Namely, that the land parcel No. Ndumberi/Ndumberi/401 registered in the names of Muira Goko – a person of -a person of unsound mind be changed in the names of Michael Kinge and Lucy Njeri Muira (daughter of Muira Goko).
Thatthe said Michael Kinge be vested with responsibility of sub-dividing land registration Ndumberi/Ndumberi/401 between Lucy Njeri Muira, Mary Wanjiku and Gladys Wanjiru Nganga and a portion to be held as trustees for Muira Goko.
3. The reasons being that Muira Goko was a person of unsound mind.By the said consent no application under order 31 Civil Procedure Rules had been made for guardian ad litem next of friend. The persons Michael Kinge and Lucy Njeri were referred to as Trustees.Trustees once appointed remain so unless otherwise removed.
4. To remove them as trustees an application is to be made under order 31 Civil Procedure Rules. The application before court seeks the review of this court orders. It amounts to in effect altering substantially the consent orders entered herein.
4. I would believe to review the orders of Ransely J, I believe the application should be brought under another format and not of review.
5. The application is dismissed. There will be costs in the cause.
DATED THIS 12TH DAY OF MARCH 2008 AT?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /NAIROBI
M. A. ANG’AWA
JUDGE
J.M. Achoai of Kanyi Koge & Co. Advocates for the appellant – present
Grace Wanjiku Kinyanjui – in person